13135. Misbranding and alleged  adulteration  of tomato pulp.     TJ.  S. v. 4S
Cases of Tomato Palp. Consent decree of condemnation and for- 
feiture. Product released under bond. (F. & D. No. 19494 to 19502. 
incl.    I.  S.  No.  13801-v.    S.  No.  E-4907.)
On January 14, 1925, the United States attorney for the District of Porto 
Rico, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure 
and condemnation of 48 cases of tomato pulp, at San Juan, P. R., alleg- 
ing that the article had been shipped by the Greco Canning Co., San Jose, 
Calif., on or about December 20, 1924, and transported from the State of 
California into the Territory of Porto Rico, and charging adulteration and 
misbranding in violation of the food and drugs act. The article was labeled 
in part: " De-Luxe Brand Concentrated Tomato Pulp Packed By Greco Can- 
ning Co. San Jose, Cal."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, artificially colored tomato pulp, had been substituted wholly 
or in part for the said article.
Misbranding was alleged for the reason that the statement " Tomato Pulp," 
appearing in the labeling, was false and misleading and tended to deceive and 
mislead the purchaser.
On January 31, 1925, Diego Augeros & Co. S. en C, San Juan, P. R., having 
appeared as claimant for the property and having consented to the entry of 
a decree, judgment was entered, condemning the product as misbranded, and 
it was ordered by the court that the product be released to the said claimant 
upon payment of the costs of the proceedings and the execution of a bond in 
the sum of $1,000, in conformity with section 10 of the act.
R. W. DUNLAP, Acting Secretary of Agriculture.